Madras High CourtWP(MD)/11775/2016disposed of

N.Krishnan, S/O.Naryana Iyer v. The Executive Officer

2016-07-01Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.11775 of 2016 and W.M.P.(MD).Nos.9034 to 9036 of 2016 N.Krishnan .. Petitioner vs.

The Executive Officer, Special Grade Town Panchayat, Kanyakumari, Kanyakumari District. .. Respondent PRAYER:

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Certiorarified Mandamus, to call for the records of the impugned proceedings passed by the Respondent herein in Na.Ka.No.400/2016/A2, dated 29.06.2016 pasted in the premises on 30.06.2016 and quash the same and further direct the Respondent herein to extend the license period for collection of entry fee in Kanyakumari Tamilannai Park for further period of 3 years from 01.07.2016 to 31.06.2019 with 20% increase of the existing license amount. For Petitioner : Mr.V.Meenakshi Sundaram for Mr.D.Nallathambi For Respondent : Mr.Aayiram K Selvakumar Government Advocate

O R D E R

The petitioner became a successful bidder in a public auction held in the year 2001 to collect the entry fee in Tamilannai Park at Kanniyakumari for a period of three years. After expiry of the period of three years, the licence was also extended up to 2013. Although, the petitioner was granted the benefit of two more renewals, finally the licence has come to an end on 30.06.2016.

2. However, ten days before the date of expiry, a resolution was passed by the Town Panchayat recommending the case of the petitioner to extend the period for another three more years, when the same was informed to the petitioner for his willingness, he has expressed his willingness to accept the same on 29.06.2016.

3. In the meanwhile, the impugned notice in Na.Ka.No.400/2016/A2, dated 29.06.2016 has been issued by the Secretary, Kanyakumari Town Panchayat, by restricting the time to vacate the premises upto midnight of 30.06.2016.

4. Heard both sides.

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5. When the matter was taken up for hearing today, Mr. Aayiram K Selvakumar, learned Government Advocate appearing for the respondent would submit that, since the Town Panchayat has already passed resolution on 20.06.2016, regarding the case of the petitioner to extend the period for further three more years, within two weeks, final decision will be taken and the same will be informed to the petitioner.

6. Recording the statement made by the learned Government Advocate, the petitioner is directed to wait for the final decision to be taken by the Town Panchayat. Till then, the respondent is directed to maintain status quo.

7. With this direction this writ petition is disposed of. Consequently connected miscellaneous Petitions are closed. No Costs. Sd/ Assistant Registrar /TRUE COPY/ Sub Assistant Registrar To The Executive Officer, Special Grade Town Panchayat, Kanyakumari, Kanyakumari District.

+1cc to M/S.D.Nallathambi, Advocate in SR.No.34553 W.P.(MD)No.11775 of 2016 01.07.2016 PJL PA/NGM-MP/SAR II/04.07.2016/2P/3C (IT) https://hcservices.ecourts.gov.in/hcservices/